Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26042 of 2019 Petitioner :- Shweta Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devendra Gupta Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the complainant/petitioner invoking extraordinary jurisdiction of this court seeking direction to the respondent nos. 2 and 3 to ensure fair investigation pursuant to the first information report dated 31.8.2019 registered in case Crime No. 0158 of 2019, under Sections 302 and 201 I.P.C., police station Sonauli, district Mahrajganj.
It is submitted by the learned counsel for the petitioner that the first information report has been lodged by the complainant against the named accused persons on 31.8.2019 that the petitioner's husband was abducted by the named accused persons who have been arrayed as respondent nos. 4 to 6 and in this regard the application was moved to the concerned police station on 31.8.2019 that they had abducted her husband and they might have committed his murder but the first information report was registered against unknown persons under Sections 302 and 201 I.P.C. The investigating officer has yet not proceeded to record the statement of the complainant and other witnesses under Section 161 Cr.P.C. The police is not investigating the case in fair and impartial manner. The said accused persons are roaming freely and extending threat to the life and liberty of the petitioner, hence the petitioner approached this court under Article 226 of the Constitution of India for enforcement of his right to have a fair and impartial investigation against the accused respondents involved in the commission of offence..
The learned A.G.A. submitted that once the first information report has been lodged in a cognizable offence, the respondent authorities are under bounden duty to carry out fair and unbiased investigation within the shortest possible time.
Having considered the facts and circumstances of the case substantial and enormous delay on the part of the Investigating Officer will negate the purpose of justice as well as deterrent and rehabilitative effects of the criminal law. Fair and unbiased investigation are the fundamental canons of our criminal jurisprudence and are quite in conformity with the constitutional mandate enshrined in Articles 20 and 21 of the Constitution of India, hence the Investigating Officer cannot shy of his accountability protracting the investigating in the guise of any pretence, it is provided the Superintendent of Police, Mahrajganj, respondent no. 2, shall look into the matter and shall ensure that the investigation be carried out in a fair and impartial manner and concluded at the earliest preferably within two months from the date of production of a certified copy of this order avoiding unnecessary delay on flimsy ground. The respective parties are also expected to cooperate with the investigation on the call of the Investigating Officer.
With the aforesaid direction, this writ petition is disposed of.
Order Date :- 19.12.2019 Shahnawaz